Germania Life Insurance v. Powell

The action is to foreclose a mortgage. The motion is made for a preference, under rule 10 of the Special Term Rules of this Department, on the ground that the trial will not be a protracted one. Objection is made that the notice of motion was not served with the notice of trial. This objection is not tenable, for the provision of section 793 of the Code, requiring the notice of motion for a preference to be served with the notice of trial, does not apply to motions, under rule 10, addressed to the discretion of the court. See Coffin v. McLaughlin, 24 Misc. Rep. 107. The second objection is…